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rights, support and protection of victims of crime and Directive 2004/80/EC
relating to compensation of crime victims. These instruments spell out the
following rights: the right to information; the right of access to justice; the
right to protection measures, including measures against repeat victimisation;
the right to Victim Support Services; as well as the right to compensation.60
3.2.3. Living conditions of prisoners
Material detention conditions and, more generally, the quality of life
in prison, are important factors to consider when investigating prison
violence and its root causes. More specifically, the following factors have
been identified as particularly relevant for the prevention of violence:
overcrowding/capacity of dormitories; the type of prison regime and
activities offered to prisoners; contact with family and the outside world;
the relationships between staff and prisoners and staff professionalism
and working conditions.
3.2.3.1. Overcrowding and shared accommodation
The level of overcrowding in a prison, or in a particular part of it,
might be such as constitute inhuman or degrading treatment in itself.
Overcrowding, however, also creates a fertile environment for various
forms of direct and indirect violence. As acknowledged by the CPT: ‘An
overcrowded prison entails cramped and unhygienic accommodation; a
constant lack of privacy […]; reduced out-of-cell activities, due to demand
outstripping the staff and facilities available; overburdened health-care
services; increased tension and hence more violence between prisoners
and between prisoners and staff.’61
STANDARDS IN FOCUS
In Muršić v Croatia, the ECHR stated that when a detainee has
less than 3 square metres of personal space in multi-occupancy
60. E.g. Fair Trials, ‘Rights Behind Bars: Access to Justice for Victims of Violent Crime Suffered in
Pre-Trial or Immigration Detention’ (2019); FRA, Victims’ Rights as Standards of Criminal Justice: Justice
for Victims of Violent Crime: Part 1 (Publications Office of the European Union 2019).
61. CPT, ‘7th General Report on the CPT’s Activities, 1 January -31 December 1996’ (1997) CPT/Inf (97)
10, § 13. On overcrowding see also the comprehensive research conducted by the FRA: FRA, Detention
Conditions, 15ff; and FRA, ‘Detention Conditions Database’ <https://fra.europa.eu/en/databases/criminal-detention/criminal-detention >.
Monitoring Prison Violence
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